Ex parte LEATHERMAN et al. - Page 1




                                                        THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                                                   
                     The opinion in support of the decision being entered today (1) was not written for                                                                                
                     publication in a law journal and (2) is not binding precedent of the Board.                                                                                       
                                                                                                                                 Paper No. 23                                          

                                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                                                               
                                                                             _____________                                                                                             
                                                      BEFORE THE BOARD OF PATENT APPEALS                                                                                               
                                                                         AND INTERFERENCES                                                                                             
                                                                             _____________                                                                                             
                                             Ex parte TIMOTHY S. LEATHERMAN, BENJAMIN C.                                                                                               
                                                            RIVERA and PHILLIP C. GIBSON                                                                                               
                                                                             _____________                                                                                             
                                                                        Appeal No. 97-4206                                                                                             
                                                                   Application 08/662,2631                                                                                             
                                                                            ______________                                                                                             
                                                                                  ON BRIEF                                                                                             
                                                                           _______________                                                                                             

                     Before COHEN, MEISTER and NASE, Administrative Patent Judges.                                                                                                     
                     MEISTER, Administrative Patent Judge.                                                                                                                             

                                                                        DECISION ON APPEAL                                                                                             
                                Timothy S. Leatherman, Benjamin C. Rivera and Phillip C.                                                                                               
                     Gibson (the appellants) appeal from the final rejection of                                                                                                        
                     claims 1-8 and 22.  Claims 17-21 stand allowed.  Claims 9-16                                                                                                      
                     and 23-26, the only other claims present in the application,                                                                                                      


                                1    Application for patent filed June 7, 1996. According to appellants, the                                                                           
                     application is a continuation of Application 08/182,414, filed January 13, 1994.                                                                                  
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